Understand legal requirements to repaint your rental units.

Question

One of my tenants wants me to repaint his apartment. Do I have any legal
obligation to make this kind of cosmetic improvement?

Answer

Your legal obligation as to what repairs and maintenance are
necessary depends on the condition of the rental unit. When it comes to paint,
no state law requires you to repaint the interior every so often, but local
ordinances might. (For example, New York City’s ordinance
requires repainting every three years, or sooner if the walls become
unsanitary through no fault of the tenant).

If the paint in your tenant’s rental unit isn’t creating a habitability problem—for
example, paint that’s so thick around a window that the window can’t be opened—you
will ordinarily not have a legal obligation to repaint. Lead-based
paint, however, may create all sorts of legal problems—for example, if a
child becomes ill from eating lead-based paint chips, a court may find you
liable because of your carelessness.

If the request to repaint is made by a good tenant whom
would like to accommodate (and would hate to lose), it makes sense to approve
the request. It will probably be a lot less expensive to repaint the apartment,
then face the hassle of finding and screening a new tenant. Plus if your
current tenant leaves for a better-maintained rental, you will probably want to
repaint anyway before showing the place to prospective tenants.

If the tenant plans to do the painting him-or herself, and
you’re confident that the tenant will do a good job, you should get your
agreement in writing, spelling out details such as the maximum amount you
authorize for spending on the paint, and the color of the paint. See Nolo’s Sample
Agreement With Landlord Regarding Painting Rental Unit for a model in
preparing your own agreement.

The same legal advice outlined
above applies to other cosmetic improvements, such as drapes and
carpets. As long as the drapes are not sufficiently damp or mildewy to
constitute a health hazard, and the carpets don’t have dangerous holes that
could cause someone to trip and fall, you aren’t legally required to replace
them—but it might make sense to do so for a good, long-term tenant you want to
keep.